The most significant foreign affairs cases that the Supreme Court has decided—including, among others, Youngstown Sheet & Tube v. Sawyer,1 United States v. Curtiss-Wright,2 and Zivotofsky v. Kerry3—have substantial effects at home. These canonical cases fix the boundaries of power between the coordinate branches of government. In this Essay, the Author wants to start a discussion that concerns one underexplored attribute of these cases: Although these cases adjudicate authority between the President and Congress, they are litigated between the Solicitor General and private parties.
Z. Payvand Ahdout